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PEOPLE v. PINEDA

No. 2-02-1129.

812 N.E.2d 627 (2004)

349 Ill.App.3d 815

285 Ill.Dec. 807

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Rudolpho D. PINEDA, Defendant-Appellant.

Appellate Court of Illinois, Second District.

June 28, 2004.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court-appointed), Elgin, Charles M. Schiedel, Deputy Defender, and Allen H. Andrews (Court-appointed), Office of the State Appellate Defender, Springfield, for Rudolpho D. Pineda.

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, L. Anita Richardson, Chicago, for the People.

Justice BYRNE delivered the opinion of the court:

Following a jury trial, defendant, Rudolpho D. Pineda, was convicted of attempted first-degree murder (720 ILCS 5/8-4(a), 9-1(a) (West 2002)) and armed violence (720 ILCS 5/33A-2 (West 2002)). The trial court imposed consecutive prison terms of 23 years for the attempted murder and 15 years for the armed violence. The court also ordered that defendant serve 85% of the 38-year aggregate term. Defendant appeals, arguing...

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